Shafter Zoning Code § 8.100 Inspections (CA)

The Planning Department shall arrange for inspection of a surface mining operation within six months of receipt of the Annual Report required in Sec. 812.0125. to determine whether the surface mining operation is in compliance with the approved Department Review Permit and/or Reclamation Plan, approved financial assurances, and the State Regulations (Public Resources Code, Sec. 2774(b)). In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists, as selected by the Planning Director and as retained by the City Council. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board. The Planning Department shall notify the Director of the California Department of Conservation within thirty (30) days of completion of the inspection that the said inspection has been conducted and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection.

8.110 INTERIM MANAGEMENT PLANS

Within 90 days of a surface mining operation becoming idle, as defined in this Chapter, the operator shall submit to the Planning Department a proposed Interim Management Plan (Public Resources Code, Sec. 2770(h) (“IMP”). The proposed IMP shall fully comply with the requirements of Public Resources Code, Sec. 2770(h) and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including, but not limited to, all conditions of the Department Review Permit and/or Reclamation Plan. The proposed IMP shall be processed as an amendment to the Reclamation Plan and shall not be considered a project for the purposes of environmental review (Public Resources Code, Sec. 2770(h)).
Financial assurances for idle operations shall be continued as addressed in the Reclamation Plan or an otherwise approved through the idle mine’s IMP.
Upon receipt of a complete proposed IMP, the Planning Department shall forward the IMP to the Department of Conservation for review. The IMP shall

Surface Mining and Land Reclamation Regulations 8-8

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be submitted to the Department of Conservation least 45 days prior to approval by the Planning Commission.

Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Planning Director and the operator, the Planning Commission shall review and approve or deny the IMP in accordance with the provisions of this Chapter. The operator shall have thirty (30) days or a longer period mutually agreed upon by the operator and the Planning Director to submit a revised IMP. The Planning Commission shall approve or deny the revised IMP within sixty (60) days of receipt. If the Planning Commission denies the revised IMP, the operator may appeal that action to the City Council in accordance with the provisions of Section 2.180 (Appeals) of this Title.
The IMP may remain in effect for a period not to exceed five years, at which time the Planning Commission may renew the IMP for another period not to exceed five years or require the surface mining operator to commence reclamation in accordance with its approved Reclamation Plan.